Page 774 - IBC Orders us 7-CA Mukesh Mohan

Order Passed under Sec 7
By Hon’ble NCLT Mumbai Bench
IN THE NATIONAL COMPANY LAW TRIBUNAL
MUMBAI BENCH

C.P. (I.B.) No. 1043/7/NCLT/MAH/2017

Decided On: 26.09.2017

Applicant: J. M. Financial Asset Reconstruction Company
Vs.
Respondent: Indus Finance Ltd.

Judges/Coram:
Hon'ble Sh. B. S. V. Prakash Kumar, Member (J)

Counsels:
For Appellant/Petitioner/Plaintiff: Mr. Vineet Jagtap, Learned Advocate

For Respondents/Defendant: Mr. Abbas Mandriwala, Learned Advocate

ORDER

Hon'ble Sh. B. S. V. Prakash Kumar, Member (J)

IVN. P.No.02/2017

It is a miscellaneous application (IA 02/2017) filed by a secured creditor (an asset reconstruction
company namely J. M. Financial Asset Reconstruction Company, to which Corporation Bank assigned

the debt availed by the Corporate Debtor herein) for recall of the order of Moratorium declared in CP
1043/I&B/NCLT/MB/MAH/2017 filed against the corporate debtor seeking clarification:

 that the admission order dated 29.5.2017 declaring moratorium against the Corporate Debtor does not
operate and/or does riot in any manner effect the rights of the applicant to enforce its security and/or

the rights of the third party to enjoy the property purchased by it in public auction,
 or in the alternative to modify the Moratorium order dated 29.5.2017 to the extent that the said order
does not operate and/or does not in any manner effect the rights of the applicant to enforce its security

and/or the rights of the third party to enjoy the property purchased by it in public auction and such the
reliefs as this Tribunal deems fit.

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